Last updated: September 13, 2018
This Terms of Use is a binding agreement between Yottaram, LLC, a Maine limited liability company (“we” or “us”) by people who participate in the R&D Beta Platform described below (“you”).
Description of the R&D Beta Platform
We provide the eMoods mobile software applications for Apple and Android devices (the “Apps”) and the https://emoodtracker.com website (the “Website”). We also operate an experimental research and development project (the “R&D Beta Platform”) in which we have invited a select group of our App users (“Testers”) to participate. The R&D Beta Platform is a project in which Testers voluntarily share eMoods data from their personal mobile devices with us for research and development of new App features. We may share this data with third-party individuals or organizations for the purpose of researching and developing these features.
Use of the Apps and/or the Website is governed by our eMoods Bipolar Mood Tracker Terms of Use. If you participate in the R&D Beta Platform as a Tester, then you are also bound by this Terms of Use for Research and Development Beta Platform.
Your Participation in the R&D Beta Platform
By using any part of the R&D Beta Platform in any way, including accessing, visiting, attending or downloading the R&D Beta Platform or submitting to it any information (“Your Content”), you agree to be bound by these Terms and you agree to our use of personally identifiable information about you in the ways that our Privacy Policy states. You may use the R&D Beta Platform only if you are at least eighteen years old and can form a binding contract with us, and only in compliance with these Terms and all applicable laws. Wherever the R&D Beta Platform asks you to provide information, you must provide accurate information.
These Terms are effective as of the “Last updated” date above. We may update them from time to time. You agree to be bound by the updated Terms as soon as we update them on our Website. Your use of the R&D Beta Platform is non-transferable and subject to your compliance with these Terms.
Our Operation of the R&D Beta Platform
We reserve the right to monitor your use of the R&D Beta Platform to determine compliance with these Terms. We reserve the right to suspend or terminate the R&D Beta Platform to you or to any other person for any lawful reason at any time.
Limitation of liability; warranties
We and our employees, agents, independent contractors, officers, directors, successors and assigns: (a) will not be liable to you or to any other person for any damages (whether direct, indirect, special, incidental, consequential, punitive or other, in an action of contract, tort or otherwise) arising from the R&D Beta Platform; and (b) make no warranties of any kind, either express or implied, relating to or arising from the R&D Beta Platform. The limitations and warranty provisions in these Terms are effective to the full extent permitted by law, and they will continue in effect after the termination of your participation in the R&D Beta Platform.
Indemnification
You will indemnify us against any and all claims, demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms or your use of the R&D Beta Platform. You will bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information and access to you as we deem necessary.
Third-party materials
We are not responsible for any content appearing on third-party websites or materials that the R&D Beta Platform references or to which it links. You access or act on third-party materials at your own risk and subject to those third parties’ own terms of use.
General
These Terms will be governed by Maine law, and we will resolve any dispute about the R&D Beta Platform by arbitration in York County, Maine. The failure of either party to enforce any provisions of these Terms is not a waiver of the provisions or of the right of that party to subsequently enforce that provision or any other provision. Should any provision of these Terms be or become unenforceable under applicable law, the other provisions shall remain in effect. These Terms inure to the benefit of the parties’ successors and assigns. You may not assign or delegate any rights or duties that these Terms impose on you. These Terms are the entire agreement between us and you about the R&D Beta Platform. They replace any other prior oral or written agreements between us and you about the R&D Beta Platform.